Legal advice to companies in the tourism sector is one of our areas of specialisation, both in the contractual framework, as well as from the point of view of conflict resolution or, in particular, the challenging of regulations governing the activity.
We are familiar with the legal problems that arise in this area and have also been involved in the negotiation and drafting of numerous contracts relating to the provision of services related to tourism activities, such as, for example, contracts between online platforms and owners or managers of flats and dwellings for tourist use, those for the creation of tourist complexes or those necessary to coordinate the organisation and management of tourism Conferences, among others.
We provide judicial or extrajudicial advice to companies and managers in the sector in relation to the requirements and disputes arising with the different administrations regarding the development of the activity.
Our professionals have a successful track record in contentious-administrative challenges to state, regional and local regulations on tourist flats and dwellings, on behalf of the National Federation of Tourist Apartments and Dwellings (FEVITUR) and the main Associations of the different Autonomous Communities. As a result of the rulings handed down in the appeals filed by our firm, the Decrees approved by the Autonomous Regions of Madrid, the Canary Islands and Andalusia, among others, have had to be amended.
In the field of Urban Planning, our firm is led by the invaluable presence of Ms. María Isabel Álvarez Tejero -former Judge of the Contentious-Administrative Chamber of the TSJ (Tribunal Superior de Justicia [High Court of Justice]) of Madrid- and with the managing partner Mr. Eliseo M. Martínez, disciple of the prestigious Professor of Administrative Law Mr. Ramón Parada.
We provide legal advice in contentious-administrative appeals against General and Special Plans and Urban Planning Regulations approved by various Town Councils, in disputes arising from the refusal of administrative licences, as well as in expropriation proceedings with the aim of obtaining the highest possible compensation for our clients.
We are specialised in the exercise of actions of the Administration’s material liability as a consequence of the violation of urban planning provisions, having achieved notable success in contentious-administrative appeals filed for the loss of buildability of Shopping Centres due to the inconsistent action of the competent Administration.
Our close professional relationship with prestigious urban planners allows us to provide comprehensive technical and legal advice to our clients when analysing and making assertions in all types of municipal or supra-municipal planning, managing the obtaining of licences, or intervening in systems of cooperation, compensation or urban expropriation.
We handle all types of litigation related to the declaration or claim of ownership of property, possessory and leasehold actions, or related to the performance or breach of contracts of sale or guarantee of property.
Likewise, the firm specialises in legal proceedings related to the fulfilment of building lease contracts, advising developers, builders or end clients, collaborating for this purpose with expert architectural firms when it comes to substantiating the correct or incorrect design, management or execution of the works, in the exercise of the various legal actions regulated in the Building Standards Law and the Civil Code, among others.
The partners in charge of the ADR and Litigation Department have been involved in numerous national and international arbitrations related to the breach of EPC (Engineering, Procurement and Construction) contracts for the execution of important constructions -tram lines in Spain, bridge in Chile, regasification terminal in Uruguay, cement manufacturing plant in Paraguay and oil refinery in Peru-.
In addition to property, the professionals at IUS+AEQUITAS advise on complex purchase and sale transactions, leasing and the constitution of rights and security interests in personal or real property, as well as on the negotiation and drafting of “turnkey” execution contracts, which in some cases are linked to major urban planning operations.
At IUS+AEQUITAS we provide legal advice in their most complex litigation to Foundations and Associations from the most varied fields of activity:
· Foundations devoted to research or to the promotion of knowledge and education.
· Consumer and User Associations.
· Tourism sector federations and associations.
At the same time, our professionals regularly provide legal defence for Federations, Associations and Foundations in the various judicial or arbitration proceedings brought against both Public Administrations and private entities, either against their own members or against third parties who violate and fail to comply with the rights protected by them.
We have actively contributed to the constitution and development of the ordinary activity of many Associations and Foundations, acting as their secretary and/or legal advisors, resolving the numerous legal issues raised by their activity and taking charge of the convening and correct development of the meetings of their established decision-making bodies.
We have extensive experience of litigation in university matters. We have been the external legal office of the largest public university in Spain for ten years by public tender and we have participated in countless lawsuits and provided legal advice to universities and educational centres, not only public but also private and state-subsidised.
At IUS+AEQUITAS we maintain a close relationship and collaboration with prestigious tax advisors who, once the administrative claims filed with the Tax Agency have been exhausted, turn to us for the study and drafting of economic-administrative claims and, in any case, for the assignment of the legal direction in contentious-administrative appeals against the resolutions of the State, Autonomous or Local Tax Authorities on the review of self-assessments and/or penalties.
Likewise, we are trusted by our clients when it comes to entrusting us with their procedural defence against decisions of the Tax Agency in relation to all kinds of taxes; and we have obtained notable successes, for example, when appealing, before Superior Courts of Justice or the National Court of Spain, settlements with high financial penalties due to the review of self-assessments of Corporation Tax in the case of the sale of shares or holdings in major companies.
Our professionals have intervened in numerous administrative and contentious-administrative proceedings related to settlements derived from inter vivos or mortis causa transfers of assets (ITP (Impuesto sobre Transmisiones Patrimoniales [Tax on Property Conveyances]) and AJD (Actos Jurídicos Documentados [Documented Legal Acts]) and Inheritance and Gift Tax, among others).
And thanks to our synergy with the criminal litigation field, we offer our clients technical defence in criminal proceedings for tax offences when the amount of the alleged tax offence exceeds the legal threshold.